Dependants of PBS (Tier 1 General, Tier 2) migrants
Spouse / Partner
1. The dependant is subject to qualifying residential period to be eligible for settlement. For the duration of qualifying residential period and associated conditions that may apply, see
Note below.
2. If the dependant has completed the relevant qualifying residential period at a time that the principal migrant applies for settlement and meets the other requirements then the dependant may be included in the principal migrant's settlement application.
3. If the dependant has not completed the qualified qualifying residential period at the time that the principal PBS migrant applies for settlement, then:
a)
If the PBS dependant's current leave will expire after he/she has completed the qualifying period and the dependant meets the other requirements for settlement then the dependant may apply for settlement directly (
319E).
b)
If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to
extend his/
her PBS dependant leave until such time that he/she becomes eligible for settlement (
319C and
319D). Though switching to
FLR(M) leave is also an
option but anyone switching to FLR(M) on or after
06-Aprl-14 will have his/her ILR clock
reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement.
c)
Doctor / dentist dependant with employment restriction - For PBS dependant who is a doctor / dentist but does not satisfy
319D(b)(iii) may consider switching to
FLR(M) at the earliest opportunity to become free from the employment restriction, instead of continuing on PBS dependant leave. Do note that, as mentioned above, anyone switching to FLR(M) on or after
06-Apr-14 will have his / her ILR clock
reset, i.e. - time spent in UK as PBS dependant will not count towards qualifying residential period for settlement.
Note:
Entry clearance application as PBS dependant submitted before 09-Jul-12: The PBS dependant will be subject to rules in place before 09-Jul-12 if the dependant keeps extending leave as PBS dependant or if switching to FLR(M) the most recent FLR(M) application was before 06-Ap-2014. The PBS dependant must have lived with the principal PBS migrant in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (
319E(d)(i)). This "2 year" period need not be as a "
dependant". These requirements and conditions apply both when extending leave as PBS dependant (
319E(d)(i)) or if switching to FLR(M) leave (
287(a)(i)(d) or
287(a)(i)(e)) before 06-Apr-2014 to complete the 2 years period to become eligible for settlement.
Entry clearance application as PBS dependant submitted on/after 09-Jul-12: The PBS dependant will be subject to the new rules introduced on 09-Jul-12. The PBS dependant will be eligible for settlement only after completing 5 year probationary period as a dependant of the principal migrant (
319E(d)(ii) or
E-ILRP.1.3.).
Wise to extend PBS dependant leave to become eligible for settlement rather than switching to FLR(M)
Any PBS dependant (even if EC applied for before 09-Jul-12) switching to or extending FLR(M) or applying for entry clearance as spouse of settled person / British citizen on or after 06-Apr-2014 will be bound by Appendix FM (and not Part 8 ) of the immigration rules to qualify for settlement. In other words, any FLR(M) application on or after 06-Apr-14 will reset the ILR clock, and an applicant will then be eligible for settlement only after 5 years of being granted this FLR(M) leave.
"
Continuous leave" is expected, but
absences are permitted. *** Probably
unchanged? ***
